NEWS
ABIA STATE GOVERNMENT COUNTERS CLAIMS BY ENYIMBA ECONOMIC CITY PROMOTERS, CLARIFIES POSITION ON ARBITRAL TRIBUNAL AWARD
The Abia State Government has issued a strong rebuttal to what it described as a misleading media publication regarding the arbitral award connected to the Enyimba Economic City Project.
In a press release issued by the Abia State Ministry of Justice, the government said its attention was drawn to a report titled “Both Majority and Dissenting Rulings Declared Abia State Cannot Withdraw Our Certificate of Occupancy,” which was attributed to promoters of the Enyimba Economic City.
According to the government, the publication contains several statements that misrepresent the findings and legal implications of the Majority Award delivered by the Arbitral Tribunal on February 13, 2026.
The Ministry stated that the report attempts to create the impression that the Tribunal ruled entirely in favour of the project promoters and declared the Abia State Government’s actions unlawful.
However, the government maintained that this interpretation does not accurately reflect the determinations contained in the Majority Award, which constitutes the binding decision of the Tribunal.
The statement further explained that the publication sought to elevate the dissenting opinion of a minority member of the Tribunal to the same legal status as the Majority Award. The Ministry clarified that in arbitral jurisprudence, the legally binding decision is that of the majority of the tribunal, while dissenting opinions merely reflect the personal views of individual arbitrators and do not have legal force.
The Abia State Government also pointed out that the publication deliberately omitted what it described as one of the most significant aspects of the Majority Award. The Tribunal, it noted, ordered the refund of ₦400 million earlier paid by the Abia State Government in connection with the share capital structure of the project company.
According to the Ministry, the Tribunal based this decision on the legal doctrine known as the “Resulting Trust Theory,” which recognized that the funds remained beneficially attributable to the government and should therefore be returned.
The government argued that the attempt to minimize this aspect of the ruling while highlighting only elements perceived to favour the project promoters amounts to a clear misrepresentation of the Tribunal’s decision.
It also rejected the claim that both the Majority and Dissenting rulings categorically declared that the Abia State Government lacks the authority to withdraw the Certificate of Occupancy linked to the project.
The Ministry explained that the Tribunal’s analysis was limited to the specific contractual framework presented before it and should not be interpreted as a blanket restriction on the statutory powers of the government.
The Abia State Government reiterated that the Majority Award remains the operative and binding decision of the Tribunal and must be understood within its proper legal context rather than through selective interpretations.
While rejecting what it described as attempts to distort the true meaning of the award through partial disclosure, the government emphasized its commitment to responsible engagement with stakeholders and to ensuring that public discourse on the matter remains accurate, fair, and reflective of the official record.
The statement was issued by the Office of the Honourable Attorney-General and Commissioner for Justice of the Abia State Government.